Alternatively, to have your record expunged, which means its erased from public record, first see if your state offers this option. Defendants benefit by knowing what their sentence will be, rather than going through the risks of a trial. Arizona disqualifies any person convicted of a crime "involving moral turpitude or of a nature that is incompatible with the duties of a notary public" (ARS 41-330.A.2). Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal-aid societies such as the. The reason most felony cases begin in District Court is because it gives investigators, as well as a defendants attorney, time to review the charges and evidence in the case. Once everything has been thoroughly reviewed, the decision is made about whether the charge should be lowered to a lesser charge, dropped entirely or if the case should move on to trial or Superior Court. For example, you may be required to wait a certain number of years after finishing your sentence, and your state might only reduce certain types of felonies. The process is different in each state. There are several factors the court will consider. In some states, felony crimes in the lowest category are termed wobbler crimes, such as California, are eligible to be reduced. North Carolina uses a grid system for misdemeanor . received a sentence of probation, rather than a county jail or state prison sentence. These rights include restoringgun rights, be able to serve on a jury, and obtaining a professional license. The length of time you have to wait can depend on several factors, including your age and the severity of the crime. California Penal Code section 1001.36(b) PC. These include: After the felony has been reduced to a misdemeanor, many defendants pursue an expungement. be first-time offenders, or have very little on their criminal record, be charged with a non-violent offense, and. It will no longer list the prior offense as a felony. 2023 Coalter Law, PLLC All Rights Reserved collateral consequences from the federal government, which might still consider the conviction to be a felony offense. [1] One of these is the defendants gun rights. If you have already been convicted of a felony, you can get it reduced to a misdemeanor in certain situations by petitioning the court to modify the charge on your record. Misdemeanors are also divided into categories depending on the seriousness of each crime. In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governors office as an application for a pardon. Do not pursue a Certificate of Actual Innocence without legal representation. Felony probation is a term of community supervision. Don's attorney tells the prosecutor that Walt probably embellished his testimony in order to get Don into more trouble. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/v4-460px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","bigUrl":"\/images\/thumb\/a\/a7\/Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg\/aid1303155-v4-728px-Reduce-Your-Student-Loan-Payments-Step-6-Version-2.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"